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CC 08-21-89 CIT'{ OF CUPERI'INO, STATE OF CALIFORNIA 10300 TORRE AVE1roE, CIJl'.t:;KJ:JflO, Cl\ 95014 TELEPHONE: (408) 252-4505 MINtJI'æ OF 'IHE RmJIAR CI'lY cx:uNCIL MEE'l'lJ«; HElD ON AUGUST 21, 1989, cx:uNCIL awmER, CI'lY HAIL, 10300 'lutQ(t; AVE1roE, aJPERI'DI), c:::ALIFœITA 0::-774 SAll1l'E TO 'IHE FlAG '!he meetin;¡' was called to order by Mayor Pluny at 6:45 p.m. roIL CAlL Ccun::. Present: Gatto, Jà1nsa1, Koppel, Rogers, Mayor Pluny staff Pres~JL: City Manager Brown City Clerk c:brnelius Director of P..1blic ~k.tt vis1o:wiå1 Director of n-núty Devel'¥.....L cowan Director of Finance Snyder Director of Parks and Ib......atim Dcwlinq Assistant to the City Manager Brown Public Infcmaatim Officer I<rey city Planner Hamer ABsociate Planner caughey Halsinq arx1 sm:vioe COordinator Norlinq City Attomey Kilian ~ It was IIIaII8d by counc. Rogers, seoadtod by counc. Yq:.pel am I"""ged unanimously to reIIØJ8d Item No. 15 frail the agerDa . CE:RE1oDaAL MA:J:u;!C:j - PPESmrATIaIS - Na1e. ORAL CXJoHJN!CA'i,!(H; Request by Nicholas Szabo for City's QXpratim in IIIIIkinq the election iSS'..... available to the public. Nick Szabo, 10325 CIesta1 Drive, requested that i.....)M to voters be better CXIIIIIJI'Ùcated. He told Camc1l that over the weekerxi he had written a letter to each of the -1- þ MrnUl'ES OF 'mE m:;œr 21, 1989, mnJl1\R CTI'Y caJNCIL Mu:!'.u«; (0::-774) carx1idates reque&tin:J they write positim papers on œrt.ain 10;"""""'. He suggested that N1 iDpartial body select i_..... and the carxtidates respc.ui to these. '!heir availability could be advertised in the ~ino Scene. He suggested that a table be ¡::ut up in City Hall and those papers be plaoed m it. He expressed the q¡inim that seriCAJS carxtidates will participate in this effort. It will enable the carxtidates' views to be known. By oc. - msus, Cameil decided not to SUß)01t the oClh.....¡.oL as pl "5" JlLed. Ann An;Jer, Mart:.a vista, ~_a'!!d the q¡inion there is apathy in the city. A candidate cannot mail to all the registered voters. In san Jeðe, the Mercury News interviews candidates. She fIl¥JgE!Sted that the 0Jpertin0 Ca.Irier interview 0Jpertin0 candidates. Mayor Pluny anncunoed that there was a large f1I1IIIhAr of peeple þ1. S bo.L in regard to Agen:ia It811 No. 29 and he wcWd like to take that i~ art: of C4.dt... and hear it at this tiE. þ By ca'ISI.!I1SUS, Courk::il a¡::prcvecl that I~ No. 29 be CXl\Side:',¡d at this tiE. œD.nW«::Es 29. sec....cl readin;J and enactment of Ordinance No. 1505: "An Ordinance of the City Courk::il of the City of a¡pertino Amen:iirg Q1apter 5.20 of the 0Jpertin0 RJnicipal Code Relat1n:J to the Regulatim of Solicitors. " Rå)et:t Davis, elder in the Santa Clara ocu:J1:"": COtim of Jehavah's Wi~\J'es, told Courk::il that he wanted to be sure that they knew that Jehavah's Wit:r--ee are not solicitors. 'Ihree of his ministers haw been stq:pd by Sheriff's dep.lt.ies. He requested that Jebcwah's Wit:r--_ be identified in the ordinance as ncn solicitors. 'n1ey do not solicit fuB:Js frail anytI'Ie in::1udin:J their -~ .ers. He also requested assurance that they wculd not be affected in the future. þ '!he City Attorn<'!y infomed him that there was no way to guarantee the future; however, Courk::il had eocp1. n1!'ed ctirectim to drq:¡ na..-o ....-rcial organizatiCX1S fran the ordinance. In regard to when it will 0CIIIe back to Courk::il -2- MINtJIT.S OF '!HE AU:;UST 21, 1939, RmJIAR CITY cnJNCIL MEETING (CC-774) and t.'1e draft ordinance, if he wculd let the Clerk's Office know his nære and 1IdJress, she 1oIa1ld sen:i the infonnatioo to him. Lany Garabedian, 10401-B I..ockwcod Drive, overseer of the COl":JL"":fcition in CUpert1m, said that he awreciated the COlICern am respaase frcm Courk::il. Even if the city had a nan-cx:mœrcial solicitor's ordinance, it 1oIa1ld not awly to the Jehovah' s Wit:r--~es. It was lIIJIfed by Came. Gatto, secaDed by Colmc. Jahnsa1 am I"I"sed 4-1 with Came. Rcgers dissentin:J, to 0CI'Itinue this matter for 30 days to allow time to redraft the ordinance and have a first readin;J. ~~: 7:22-7:27 p.m. c:x:NSENI' CAI.Ðmo\R It was IIIaII8d by Courk::. Jahnsa1, SEIOCI'1ded by Courk::. Gatto am {'eIeeed unanimcusly to awrove the Ca1sent Calendar as sul:Ini ttecl. 1. Resolutim No. 7901: "A Resolutioo of the City Courk::il of tè.e City of CUpertino Allcwin¡ certain ClaiJDs arx1 DeIDarJ:3s Payable in the A1Iomts arx1 frail the F\.1nds as Hereinafter Described far Salaries arx1 wages for the Payroll Period Erxli1ç ~ 15, 1989." 2. Resolutim 7904: "A Resolutim of the City Courk::il of the City of CUpertino Allcwin¡ certain ClaiJDs arx1 DeIDarJ:3s Payable in the A1Iomts arx1 Frcm the F\.1nds as Hereinafter Described for Gene1.cù and M1soellanea1S Expe1d1tures for the Period Erxli1ç." 3. sw......1S and OaIplaint for perscnù injury, catana Barnes. Rsoe1ve. 4. Resolutim No. 7909: "A Resolutim of the City Cameil of the City of CUpertino settizq Dats of Ccnsideratim of Ar1nexin;J Area Designated '~ial Avenue 89-09', PIq:Ierty Iocated 00 the Fast side of Dl¡Jerial Avenue bebJeen olive Averme arx1 Alcazar Averme; ~tely 0.232 Acre, ReBa (Am 357-19-055)." 5. Resolutioo No. 7910: "A Resolutioo of the City Oouncil of the City of CUpertino Settin] Date for Ccnsideratim of Ar1nexin;J Area Designated 'Pa~ Avenue 89-08', PropP.rty Iocated on Pë>..,.n..T1a Avenue between Lanita Averme arx1 olive Avenue; ~tely 0.224 Acre, Hwu/Yam (Am 357-08-026)." -3- þ !IDIlJI'ES OF 'nIE AŒUST 21, 1989, RmJI.AR CITY CXXJNCIL MEErrNG (0:-774) 6. Hcnthly Treasurer's and &ldget Report, July, 1989. 7. M:I1thly Activity Report, July, 1989. 8. Resolution No. 7911: "A Reso1utiŒl of the City Courk::il of the City of D.¡pertino ~in;J CCl'ItIact 01an;Je Order No. 6 for l"nmn11"\Íty Center 8Ji1~ia1 Park Expansion Project No. 2001." 9. Resolution No. 7912: "A Reso1utiŒl of the City Cameil of the City of D.Jpertino ~ing Ccntract 01ange Order No. 6 for McClellan Road Widening, Project 4020." 10. Resolution No. 7913: "A ResolutiŒl of the City Camci1 of the City of D.Jpertino ~in;J Ccntract 01an;Je Order No. 2 for Annual OVerlay, Project 89-l05." 11. Resolutim No. 7914: "A ResolutiŒl of the City Courk::il of the City of D.¡pertino Authorizin;J ~m of !JIprovement ~L.........dL between the City and Developer, Cali-Larxi Associates, A California General Partnership, 20020 stevens creek Eb.ùevard." þ 12. Resolution No. 7915: "A Resolution of the City Courk::il of the City of D.¡pertino 1\cceptin] a Grant of F.:oI_-tl for Sidewalk F\n:p;ses fraD Cali-land Aesociates, A Califomia General Partnership, Located at 20020 stevens creek Boulevard." 13. ~licatim ASAC 51,867.1 - Joe zavala: Requestinq ðt¥Lwal of a 600 sq. ft. second story additim to an exi.stin3 duplex located m the northeast OOlhaL of Santa IJJc:ia Road and Merriman Avenue. Envircnaenta1 Detetmination: categorically Eo-.\.L. Reo:) ····....ded for ~wal. 14. Request: far waiver of solicitor and bJainess li08l.... fees sul:mi.ttecl by March of Dimes Birth Defects F'aJrxJation for period of oct.ci:Jer l, 1989 through September 30, 1930. ITÐIS REMJVED FR:M cx::NSmr CAInm!\R - None. RJBLIC HEARINGs 15. Consideration of art""'l of Arch1tec:tural and Site ~ Camlittee denial of request to modify planned deve1c.pnent sign program for Valloo Fash1m Park, Wolfe Road and stevens creek Boulevard. "l'r'-' filed by Jàm E. Erñicott, Westfield Inc., ~lication ASAC 51,847.1. (Previously re:moved fran the agen:1a.) -4- MINUI'ES OF 1HE AJJ:;UST 21, 1989, RffiJU\R CIT'{ roJNCIL MEETING (IX-774) 16. ~l of decision of Arc:hitecb..1ral an:! site A¡:prc:IYal O::mnittee denial of ApplicatiŒ1 ASAC 51,820.1 ~ sign colar for a ~in;¡ center tenant and PL'V'Ged IDCI1UIIIeI'lt sign at 10991 North DeAnza Boulevard. ~l filed by Jàm D. 1P'''''''re, Mariani Develcpnent O:It¡AJLø.tion. Jàm 0:1D0 of Mariani Develcpœnt stated that the:re ware two separate issues: one involved the color requested, the other a 1Ia'IUIIIeI'1t sign. He clarified that red was requestsd for tl1e Wildin;J sign as well as the IDCI1UIIIeI'lt sign. Jim Schaller, Circle K COL......Latim, Ariza1a, said that signage is the lifeline of the business. 'ßle fact that the City will not allow the use of their OOl¡AJLø.te red has caused a great deal of stress. 'Ihirty-seven states in the natim have red Circle K signs. He feels that the blue logo takes away fraD business. 'ßle Circle K b.lsiness depends ŒI i1lt',,'.... arx1 the smallest detail has an i"l""...t:. 'ßle """"......Lø.tim is willin;¡ to c1ICJp the use of orzm; 8 I:;ut - :'~ red in their signs. Bath the tIuilc:linJ arx1 mc:nmIII1II'1t sign bein;J red is ÍII¡)ortant. Courk::il reviewed the color palette that has been ~ arx1 the red sallple. It was maved by Came. Jàmscn, seoa.:Jt.d by 0:u1c. Gatto and l"'-ed unanimcus1y to close the public hearin;¡. Dj"'..·"....iŒl followed regardinq the use of red. It was maved by Courk::. Jå1nsa1, seo.....:Jt.d by Courk::. J!'rg)el and l"'aaed unanimcus1y to grant the >q:p""'l to allew use of red and to allow an anc:har tenant m the mc:nmIII1II'1t sign with no other tenant listed arx1 no enlargement to the sign. use of any other color requires the awl1cant to go the Ardú.t.ectural and Site A¡:provall"nmlittee. 17. Art'-' of P1.anrùn:J l"nmIi....im denial of çlicatim 3-EXC-89 whidt wcw.d allew an er........-J1IIIC&1t into a required side yard setback. 'ßle property is located at 20190 I¥nta1 Court. Art'-l filed by !)u'rell KasLL........ Dan'ell Kettner, 20190 I¥nta1 Court, told coorx.:il that he wants to set the pool as far as pœs:ible to one end of the property. He does not want the family roan door to c:p!n into the pool area. He could ao ""i'L the di"'<J"W1al fence as }AL~'1':s'9d by Mr. Harmer at the meetin;J. He felt that the fence wcw.d not be bloc:ld.ng the view of the neighbors' driveways. '!he neighbors are aware of his ~. v~ an:! have no oojection to it. -5- MINUl'ES OF 'mE AIX;lJST 2l, 1989, RmJI.AR CIT'i CX:UnCIL MEETING (0:-774) It was moved by 0Junc. Jà1nson, secxn:Ied by 0Junc. Rcgers and l""'¡!sed UIla11Ïloous1y to close the PJblic hearirx]. It was JOOVed by Came. Gatto, sec:x:n:B:l by Courk::. Rcgers and p;lssed unani.Dwsly to grant the ~l modified to shoiI7 the ferx::e line diagonal as ~ S?llled by Mr. Harmer at the !IIeetirx] . 18. Aæ-l of denial of AR;Ilicatim ASAC 51,861.1 by the Architectural and site A¡:prova1 Cœmittee. 'n1e awlication is a request to modify an existing free-stan:ting sign located at 20301 stevens Creek BcW.evard. Þ-ro-' filed by Taehoa1 KiJn Dynamic Glass Tintirx] Co. Peter KiJn of Dynamic Glass Tintirx] said the sign is two-sided and is seen best by west:baD'xi traffic. It was JOOVed by Came. Jàu1sa1, seoaLØi by Courk::. Gatto and P'"~-ed unanimously to close the public hearin]. It was JOOVed by Came. ~s, seoa.:Jt:d by Came. JC"ß)8l and P'"aaed (3-2) with CDmc. Jàu1sa1 arx1 Coone. Gatto dissentin;r to grant the "R""'" 1. . 19. Oa'ISideratioo of vacatim of a partim of slope ....--.IL, 11300 Canya¡ View Drive. (a) Resolutim No. 79l6:' "A Resolutim of the City Cooneil of the City of QJpertino 0zderinJ vacatim of a Portim of Slope F.:o--..L at moo Canya¡ view Circle; Pursuant to Sectim 50430 of the Gow:1......"'lt Code of the state of California. n It was JOOVed by Coone. Jàu1sa1, seoo..:àod by Courk::. Gatto and I"'a<;ed unanimously to close the p.Iblic hearin]. It was JOOVed by Courk::. Jàu1sa1, sec:x:n:B:l by Courk::. Rcgers and I"'a!i'ed unanimously to adq:It the Resolutim. PIANNIOO APPLICATIOOS 20. AR;Ilication 4-V-89 - Roy and Helen Adzich: Var:i.aJn! to Sec:tiŒ1S 8.4.2 and 8.4.3 of Ordinance 1449 to allow reductim of the requixecI side yards for the secxni floor of a sin:]le family bane and int:erpret:aticn to d1ange the orientatim of the front yazã !ran north to east. Location: 21850 Granada Avenue. EnvUOl.......ldl dete.rm:ination: Categorically exenpt. ~ ....-.ded for awroval. -6- MI:NUI'ES OF 'IHE AIX>UST 21, 1989, REX;UIAR CITY CXXJNCIL MEE:rING (0:-774) (a) Resolution No. 7917: "A Resolution of the City Cameil of the City of CUpertw ~ a Variance fran Secticns 8.4.2 am 8.4.3 of Ordinance 1449 to Allow Reduction of the Required Side Yards for the Seccn:i Floor of a Sin;¡le Family HeIDe and Interpretatioo to C1an;Je the Orientatim of the FIa1t Yard fran North to East." It was IIIaII8d by Came. Jåmsa1, secx:t1ded by Came. Rcgers am I""'<¡Is'i!d unanimoos1y to awrave the variance and adept Resolution No. 7917 0Œ1tingent upon oanformance with PlaJ'1l'lin;J C'nnmi ....im ocntitiCX1S. 21. A¡:plicatim 18-'lM-76 (Amen:Jed) - L. T. Guttandauro: AmelàDent to the ocnlitiCX1S ")f the a¡:provecl subd1\'isioo to allow use of the exist.inq ,'W3CXn:i floor enclosure as habitable ~. Iocatioo: Northwest oon¡er of Iazaneo Drive am Parlett Place. Envh.....""""JtaJ. DeteDninatim: Categorically 8>-''l·L. PAO ....-.-öed for çpraval. Courk::il arx1 the C.ity Attorney di"""'!!sed the issue of rEm:JYal of a deed restrictia1. Mr. I<ilian pointed out that if Courk::il appraves this awlicatim, they are in essence :rear;win;¡ the z....t....lctim fran all lots and authorizin;¡ buildin;J pez:mits. Camcil has 00 control regardinq private rights . It was IIICIVecl by Came. ~s, seoonded by Came. Gatto and I""aaecI unanimcusly to allow use of EIY...istir¥¡ floor enclosures as habitable space per PlaJ'1l'lin;J OCmIIissim Resolutim No. 419l. AmIlTECIURAL AND Sl'Œ APPR:m.L CXHfiTl'EE APPLICATIaIS 22. Na1e. UNFINISHED IIJSDIESS 23. D~im of below market rate fee waiver for Forum Life Can! facility (CICI'1timed fran August 7, 1989). It was IIICIVecl by Came. Rcqers, seoonded by Courk::. Kc:gJel arx1 I""'''''ed unan1moosly to take 00 action to IlDiify the use pez:mit. NÐl EUSDIESS 24. Consideratim of amendment to City's oz:dinance establishiIg restricticns arù regulations for the conservatioo of water. -7- MINt1l'ES OF 'lHE AIJGUST 21, 1989, RELUI.AR CI'IY axJNCIL MEETIN:; (0::-774) (a) ReaclinJ and enact:m£nt of th.':I""....y Ordinance No. 1508: "An 0Idinance of the City Cameil of the City of OJpertino Amending Ordinance No. 1489 to Clarify Definition of ~ls Board and Declarin¡ the UIgeI 'CY '!hereof." It was m:wed by Came. Rogers, secxn:Jed by Came. Gatto and P""'"'ed unaIÚJIIaJsly to read Ordinance No. 1508 by title a1ly a1ly arx1 the City Clerk's readin¡ to OCI'1Stitute the readin¡ thereof. It was moved by Came. Rogers, secxn:Jed by Came. Gatto and p"9..ed unaIÚJIIaJsly to enact Ordinance No. 1508. 25. ~ls to adjust water Sl1I'd1arges (Hardman, Ð:iwards, Felix) . Director of FÌI1alX; e Snyder explained that Mrs. Hardman was art: of the ocuntry at this tiE and is not aware of the no- . -...-, ùatim to Camcil. Mr. Snyder deøc::ribed the ~. ("""ø of tY'I'If'".ltatim to arrive at the figures bein;J }AL B'!1 d..ed. Raffa Edwards adt.h - ~ed Courk::il and was infClI1lled that the City does have a banItin¡ system and if he CXI'Itinuecl reducin¡ his use of water, he could get a refund: hcwev8r, in order to receive any refUn:i, he wculd have to I!R'ly at the en1 of the year. Mr. Tan told Camcil the leak m his þL~L)' was disoc:IIIered by the City Water Department. He had a gardener fix it as SOa1 as possible. Mr. Snyder told Camcil that he did not believe that Mr. Tan's å1arge had been adjusted for an åiiticna1 persc.m 1o!úd1 wculd be retroactive. 'lberefore, ðK&urI-tely $200.00 "'Wld be his total fee. Mrs. Felix ~--ð the q¡inim that the alluL.u....Ls are arbitrary. In 1987, if the per&a1livinq in the ha.1se in which she is now livin:J had kept the yard the way she did, she "'Wld not have a prà:)lem with her allocatia'1. 'n1e þL' <.....a for det.eminirxJ the aliocatim (either 1987 or 1988, deperr::liIg upcn cirt::umstanoes) was -q>lained. Ann Anger, K::.I1ta Vista, said that she has fwr identical units and each one gets a different allvL.u....L. Krishna Saraswat requested that his matter be oansidered. -8- HJNtJI'æ OF 'IHE AIX;UST 21, 1989, REX:;UIAR CITY CXXJNCIL MEEI'I}C (0::-774) '!be City Attorney told Camcil they ooold take it urx:1er OCI1S1deration since tbe issue came up after tbe postinq of the agen:la. HI". 5araswat said he believed that there was a leak m his property. '!he City inspected it twice, as did professiaW. pest oc:ntrol people am were unable to find any. He stated he is a professor of science. He has st.~ waterizq his lawn and COI'ISUIIptim is down. He felt that with the dryness, the larxi has =acked and therefore, the line c:racJœd. HcM!ver, the leak is not shcMizq up as water is goizq down into the =ac:k. '!his matter was referred to staff. It was moved by Courk::. Jci1nsa\, secx;njed by Courk::. Gatto am I"'a.....rl unanimously to aR'rtJVe staff reo.....owt:lIdatim regarclirç Mrs. Hardman I S a¡:peal. It was IIIaII8d by Ccunc:. Jci1nsa\, secx;njed by Courk::. Gatto and I"'-eð. unanimcus1y to ~ staff reo> ....-.dat1m regardiJ'ç HI". Ð:Jwards' ~l. It was IIIaII8d by Came. Jci1nsa\, secx;njed by Courk::. RJ:)gm:6 and I"'-~d unanimously to ~ staff rec. ....""'.ldatim regardin;J Mr. Tan's aR-"l with the adju".t-",It far another perscn. It was IIIaII8d by Courk::. Jå1nsa1, secx;njed by Came. RJ:)gm:s am I"'-eð. unanimcus1y to ðWLU'/8 staff :r""('o .,..-,œtim regardin;J the Felix "R"""'. ShcW.d Mrs. Hardman wish, she oa1ld CXJDe back to Courk::il. All of thsse a¡:pJXNals are subject to ~"""'l1tatim. CbuI'clJ. requested that in the fllture, any l~ts give JID'Ithly figures. It was II:M!d by Courk::. Gatto, secx;njed by Ccunc:. Rogers and I"'~~oo unanimcus1y to ~U'/8 the policy that a1ly in case of catastrqirlc water loss shoold cust:aDers be åIalged regular billizq amount plus surà1arges for -e at Za1e 1 rate. staff is to administer the policy. I 26. 5et:back policy for gram:i signs: P.I."'l^-S'9d standard detail regulatirxJ plaoemeht of gram:i signs adjacent to driveways. (a) Resolution No. 7918: "A Resolution of tbe City Courk::il of tbe City of QJpertino Adcpt:izq Policy Regu1atizq Placement of Gro.m:l Signs Adjacent to Driveways." -9- · MDItJI'ES OF 'lHE AInJST 21, 1989, RmJIAR em a:xJNCIL MEEl'DC (0::-774) It was IIIaII8d by Ca.ïrx::. Jå1nsa1, seoaI"Ded by Came. RogerS arx1 passed unanimously to adqIt the Resolutim. 27. Settirg date of int&views of applicants and ðRJOL.t-urt: to Energy Camdssim to fill vacancy (term expires J~, 1992). It was IIIaII8d by Courk::. Jå1nsa1, secc:nBi by Came. KqpEol and pal5'9ed unanimously to aox",,!'L applicatiCX1S until Sept:BIjJer 21 an::!. to schedule int&views an::!. ðRJOL1t-utt for 6:00 p.m., octcI::Ier 2, in Ccnfaenoe RI:x:ID A. Cameil directed that the vacancy be p.¡blicized and a plaque be prepared far the ootgoin:] cx:mnissia1er. WRI'ITEN <XHUIICATIaG 28. Letter fraD 'Ihaaas C. Boyd, JWF Architects and Planners, regardin;J døYel"¥"""1t. of DeAnza RacqUoet Club Site, 6.4 acres, northwest ...........r of stevens cr-k Eb.ùevard and stellin:] Read. · It was IIIaII8d by Courk::. Gatto, SElo::n;]ed by Courk::. JohnscI\ and r-a....... unaIÚJIIaJsly to refer this to staff for a respa1S8. æDINANCES 30. 5eoc:ni :t'8IIIdin;J and ena....L-..1t. of Ordinance No. 1506: "An ordinance of the City Courk::il of the City of 0Jpertin0 AIDIIn:1inq 0Iapter 3.24 of the 0Jpert.in0 Hmidpal 0:1de, PUrchase of supplies and Equil'"'""'tt, to Provide Furd1asin¡ in Time of n.,.'''Ted ÐDergency." It was IIIaII8d by Courk::. Rcgers, SElOOb]",d by Came. Koppel and p-a-ed unanimously to read Ordinance No. 1506 by title ally and the City ClElIit's readin;J to OClUStitute the fIéCCId readin;J thereof. It was IIIaII8d by Courk::. ~'" secc:nBi by Courk::. JohnscI\ and l""a---' lJI'1alÙJIØJIùy to enact ordinance No. 1506. 31. &.c....d readin;J and enacbœnt of Ordinance No. 1507: "A ordinance of the City Courk::il of the City of 0Jpertin0 AIIIen:iin] Q1aptsr 1l.12.030 of the 0Jperti00 ØJnicipaI. CXIde, Relating to Establisl""",IL of Prima Facie Speed Limits at Boll~ Read, West of DeAnza Boolevard." · -lo- MINUl'ES OF 'mE ~ 21, 1989, RroJlAR em CDJNCIL MEFrIN:; (0:-774) It was moved by Came. Rogers, seconded by Came. Gatto and pa",~ed unan.iJrn1s1y to read Ordinarx::e No. 1507 by title only and the city Clerk's reaclin; to cx::nstitute the seoorxl reaclin; thereof. It was IIr:JI.'ed. by Came. R.:Jgers, seconded by Came. Gatto and passed unan.iJrn1sly to enact Ordinarx::e No. 1507. RESOUJrIctIS 32. None. STAFF ~::¡ 33. oral L~ts by staff ~. Mr. snyder }AL B ..ted Cameil with a status report on the rosiness license tax l'Y'ftWIIittee. eo.m.:il received a brief L"T"'-t on voter aJtreach. , 34. ~t regardin;J J:'E!III:MÙ of veget.atim fraD hillsides. Narx:y Hertert of San JUan Read stated that the area in which she lives is e)¡,t...........1.y steep. Doinq anythinq pertaininq to the land is different than m level land. She would like to see a pennit required for clearinq or any ather 1IiIt'Iñt that might be a threat. It wa.ùd be helpful to t.,,'MI the area surveyed to make I:x:iurœry lines certain. ~ 1I«D:X is to be dane, a landcwner shculd notify adjacent }ALUlJO'Lty owners. She ~-tecI that a lx:ni be posted and instead of OCIIpletely clearinq vegetatim to the granù, there be &aIIB vegeta':1m left so that roots waüd stay. Anat:her resident of the area stated that earth slide insuræ10e was not available and therefore, prevent1m was noooe?~"'Y . Mr. Viskovich infv~.....d her that her insurance I'Y'OOI"""IY shculd cx:ntact the insurance oat{'a11Y of the persa1 doinq the 1I«D:X and inform them that there is a threat to property. '!hey may wish to repair the situatim and Nd!\Oe risk. þ '!he City Attorney su:nestecl that she talk to a lawyer totIo is an expert in that field. DiSC'JSSim followed regarding a permit pI~5' and notificatim of neighbors. -11- . . . , MINUI'ES OF 'l1Œ AtX;UST L : , 1989, RmJlAR CIT'i caJNcrL MEETIN:; (0::-774) Mr. Viskcvich told ~ll that Mr. Barnes, who is doin:] sane 1oIOrlc in that area, wan:3 to take care of the problEID. Cameil recpestecl oIdinar~ that may be relat~ to this issue that may be in effect in other cities arx1 directed staff to keep active o:mm.miœtiCl'l with Mr. Barnes. 35. Rt:¡.vLL regarclinJ Heritage Tree Ordinance. It was IIIaII8d by Counc. .Jàu1sa1, secax!ed by Courk::. ~ arx1 I"'a....g \.1nalÚJIOJs1y to direct ptoop:oI'atim of a draft ame:rÙl...uL to the tree ordinance (No. 778) to include definitim standards, PL' ~'res for remaval and penalties pertaininq to Heritage trees. CXXJNCIL l<UU<I,::¡ 38. Came. Jàu1sa1 - Legislative Review CcIIInittee - It was IIIaII8d by Counc. Jcbnsa1, secax!ed by Courk::. Gatto arx1 I""aa"'d unanim:Jusly to take the follcwin:] act".1CX1S regantin] ..... 'I.": sad legislatièn: ~<JSe sa 1533 (Greene), schools-GPAs and Reza'1iD]s1 AB 1157 (Wright), spaj limits. ~L sa 704 (stirling), s¡: .Ii limits 1 sa 88 (Garamendi), GarIn limit. Council also ag:t:e..d to SUR:"'LL AB l44l (Clute), abanda1ecl vehicles and requested cx:pies of the bill. At 10:35 p.m., Courk::il adjourned to the regular meeting of 'Do jay, sept_,¡.... 5. /(J ~ pi ~4L) CiJ&:::jY -12-